|
| 1.__Perpetual duration.__An environmental covenant is perpetual | unless it is: |
|
| A.__By its terms limited to a specific duration or | terminated by the occurrence of a specific event; |
|
| B.__Terminated by consent pursuant to section 3010; |
|
| C.__Terminated pursuant to subsection 2; |
|
| D.__Terminated by operation of other laws of this State | governing priority of interests; or |
|
| E.__Terminated or modified in an eminent domain proceeding, | but only if: |
|
| (1)__The agency that signed the covenant is a party to | the proceeding; |
|
| (2)__All persons identified in section 3010, | subsections 1 and 2 are given notice of the pendency of | the proceeding; and |
|
| (3)__The court determines, after hearing, that the | termination or modification will not adversely affect | human health or the environment. |
|
| | 2.__Intended benefits can no longer be realized.__If the | agency that signed an environmental covenant has determined that | the intended benefits of the covenant can no longer be realized, | a court, under the doctrine of changed circumstances, in an | action in which all persons identified in section 3010, | subsections 1 and 2 have been given notice, may terminate the | covenant or reduce its burden on the real property subject to the | covenant. |
|
| | 3.__Extinguished, limited or impaired.__Except as otherwise | provided in subsections 1 and 2, an environmental covenant may | not be extinguished, limited or impaired through issuance of a | tax deed or foreclosure of a tax lien or application of the | doctrine of adverse possession, prescription, abandonment, | waiver, lack of enforcement or acquiescence or a similar | doctrine. |
|
| | 4.__Laws governing marketable title and dormant mineral | interests.__An environmental covenant may not be extinguished, | limited or impaired by application of laws governing marketable | title and dormant mineral interests. |
|
| §3010.__Amendment or termination by consent |
|
|